James v. Goord
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Supreme Court (Castellino, J.), entered December 21, 1999 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition as time barred.
Following a tier III hearing, petitioner was found guilty of violating certain prison disciplinary rules. Upon petitioner’s receipt of the administrative affirmance of such determination on April 6, 1999, a CPLR article 78 proceeding was commenced. Respondents successfully moved to dismiss the proceeding on timeliness grounds, prompting this appeal.
Petitioner’s receipt…
2Cases cited6 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Biondo v. New York State Board of ParoleNew York Court of Appeals · 1983
- Grant v. SenkowskiNew York Court of Appeals · 2001
- Shell v. McCrayAppellate Division of the Supreme Court of the State of New York · 1999
- Mandala v. JablonskyAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by3 opinions
- Cunningham v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
- Blanche v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
- Morales v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001